North Carolina Constitution
Encyclopedia
The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina
, United States; it is the highest legal document for the state and subjugates North Carolina law. All US state constitutions are subject to federal
judicial review
; any provision can be nullified if it conflicts with federal law
or the US Constitution
.
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. Since the first state constitution, there have been two major revisions and many amendments. The current form was ratified in 1971 and has 14 articles.
The Fifth Provincial Congress
ratified the first constitution in December 1776. This draft was not submitted to a vote of the people, but was accompanied by a Declaration of Rights. Although the constitution affirmed the separation of power between the three branches of government, the General Assembly
held the true power. Until 1836, the General Assembly members were the only state officials who were elected by the people. The General Assembly picked Judges, the Governor
and the members in the Council of State. Judges had life terms and governors had a one-year term. The Governor had little power and in many cases needed the consent of the Council of State to exercise the power that the office did hold. The Governor was also held to strict term limits; a person could only hold the office three terms in every six years. The constitution established a judicial branch, but did not well define this branch's structure. The constitution also lacked a system of local government. Universal suffrage
was not an element of this constitution. Only landowners could vote for Senators until 1857. To hold state office required land ownership until 1868.
Dissatisfied with the central role of the General Assembly, a state constitutional convention was called in 1835. Out of the convention came many amendments. Among those changes was fixing the membership of the Senate and House at their present levels, 50 and 120. Also, the office of Governor became popularly elected. The convention’s proposed changes were adopted by vote of the people on November 9, 1835.
The Convention of 1861–62 was called to revise the constitution to remove North Carolina from the United States. The procedure used to amend the constitution did not need vote of the people, a procedure that was active until removed in 1971.
Since the Constitution of 1971, there have been over twenty amendments. The majority of these amendments extends the rights of citizens and extends the government the ability to issue bond. The following are significant amendments made since the 1971 constitution:
s into the document, unlike the United States Constitution
which only appends amendments.
. The state constitution also secures additional rights, for example the right to a public education and to open courts. Also of note, this section specifically denies the state the ability to secede from the United States and declares that each citizen of this State owes paramount allegiance to the Constitution and government of the United States. Section 37, added in 1995, is the newest addition to this article. This section declares the rights of victims of crime
.
. The General Assembly consists of a Senate and a House of Representatives. The chambers have 50 and 120 members, respectively. Guidelines for the formation of voting districts and qualification for office are also covered. Each house has a term of two years.
This article also gives the governor the power to veto
legislation in some circumstances. Veto power was denied the governor until 1996 when the constitution was amended. North Carolina was the last state to extend this power to its governor.
, should the governor die or become incapacitated. Holders of the governor office are limited to two consecutive terms. The Council of State, a cabinet
-like body, is filled with eight popularly elected officials, in addition to the governor and lieutenant governor. This article also defines and mandates a balanced budget.
state officials and judges is given to the state House of Representatives. The Senate can remove a person from office with a 2/3 majority vote after an impeachment. This article also deals with the necessary qualifications of a judge and confers the power of judicial review
with the state’s Supreme Court
.
in English.
This article also sets the eligibility to hold office. To hold an elected state office a person cannot fall in any of the following categories:
is provided for each county.
is defined here and given the power to regulate all free public education in the state. This article demands that the General Assembly establish a system of higher education and states that higher education should be free, as far as practicable.
to pay for a debt, unless the house was specifically used as collateral for a loan. Females are also able to maintain full ownership of all property they own when they marry, under this article. Also, life insurance policies that are paid to a spouse or child are exempt from claims of debt from the estate of the deceased.
, burglary
, and rape. This article gives the responsibility of the public welfare to the General Assembly.
, all Federal law and the Constitution of the United States overrule the North Carolina Constitution. There are several provisions in the current North Carolina Constitution that may conflict with federal law and/or the US Constitution.
At least two provisions, carried over from the 1868 Constitution, are not enforced either because they are known to be void or would almost certainly be struck down in court.
In addition, federal and state court decisions have narrowed the scope of at least one section of the constitution. Article 2, sections 3 & 5, sub-section 2 state that counties must not be divided when drawing state legislative districts. This provision is known as the "Whole County Provision." However, in 1981, the federal Justice Department
ruled that this provision was inconsistent with the Voting Rights Act. The state thus ignored the Whole County Provision until 2002. That year, the North Carolina Supreme Court
ruled that the state constitution's equal protection clause presumed single-member districts and was thus a limitation on the Whole County Provision. It can also be argued that the "one person, one vote" rule from Reynolds v. Sims
also limits this provision.
Section 2 of Article 6 ("Death Punishment") limits executions to "...murder, arson, burglary, and rape[.]". Per Kennedy v. Louisiana
the last 3 are inapplicable.
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, United States; it is the highest legal document for the state and subjugates North Carolina law. All US state constitutions are subject to federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
; any provision can be nullified if it conflicts with federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
or the US Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
The first North Carolina Constitution was created in 1776 after the American Declaration of Independence. Since the first state constitution, there have been two major revisions and many amendments. The current form was ratified in 1971 and has 14 articles.
History
Through its history, North Carolina has had three Constitutions: the Constitution of 1776, the Constitution of 1868, and the Constitution of 1971.Constitution of 1776
Text of the 1776 ConstitutionThe Fifth Provincial Congress
North Carolina Provincial Congress
The North Carolina Provincial Congresses were extra-legal unicameral legislative bodies formed in 1774 through 1776 by the people of the Province of North Carolina, independent of the British colonial government.-First Provincial Congress:...
ratified the first constitution in December 1776. This draft was not submitted to a vote of the people, but was accompanied by a Declaration of Rights. Although the constitution affirmed the separation of power between the three branches of government, the General Assembly
North Carolina General Assembly
The North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...
held the true power. Until 1836, the General Assembly members were the only state officials who were elected by the people. The General Assembly picked Judges, the Governor
Governor of North Carolina
The Governor of North Carolina is the chief executive of the State of North Carolina, one of the U.S. states. The current governor is Bev Perdue, North Carolina's first female governor.-Powers:...
and the members in the Council of State. Judges had life terms and governors had a one-year term. The Governor had little power and in many cases needed the consent of the Council of State to exercise the power that the office did hold. The Governor was also held to strict term limits; a person could only hold the office three terms in every six years. The constitution established a judicial branch, but did not well define this branch's structure. The constitution also lacked a system of local government. Universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
was not an element of this constitution. Only landowners could vote for Senators until 1857. To hold state office required land ownership until 1868.
Dissatisfied with the central role of the General Assembly, a state constitutional convention was called in 1835. Out of the convention came many amendments. Among those changes was fixing the membership of the Senate and House at their present levels, 50 and 120. Also, the office of Governor became popularly elected. The convention’s proposed changes were adopted by vote of the people on November 9, 1835.
The Convention of 1861–62 was called to revise the constitution to remove North Carolina from the United States. The procedure used to amend the constitution did not need vote of the people, a procedure that was active until removed in 1971.
Constitution of 1971
From 1869 through 1968, there were submitted to the voters of North Carolina a total of 97 propositions for amending the Constitution of the State. All but one of these proposals originated in the General Assembly. Of those 97 amendment proposals, 69 were ratified by the voters and 28 were rejected by them. Due to the many amendments, many provisions in the constitution became antiquated, obsolete and ambiguous. Simply, the document had become difficult to read and interpret. The draft that later became the Constitution of 1971 began with a study into needed changes by the North Carolina State Bar in 1967. The study outlined a vastly improved and easily-ratifiable document. The draft constitution logically organized topics and omitted obviously unconstitutional sections. The language and syntax was also updated and standardized. The study separated from the main document several amendments that it felt were necessary, but were potentially controversial. The main document passed the General Assembly in 1969 with only one negative vote in seven roll-call votes. On November 3, 1970, the proposed Constitution of 1971 was approved by a vote of 393,759 to 251,132.Since the Constitution of 1971, there have been over twenty amendments. The majority of these amendments extends the rights of citizens and extends the government the ability to issue bond. The following are significant amendments made since the 1971 constitution:
- Prohibiting all capitation and poll taxPoll taxA poll tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
. - Omitting the limitation of $0.20 of property tax on the $100 valuation.
- Creating a state income tax to be computed on the same basis as the federal income tax
- Allowing the Governor and Lieutenant GovernorLieutenant Governor of North CarolinaThe Lieutenant Governor of North Carolina is the second highest elected official in the U.S. state of North Carolina and is the only elected official to have powers in both the legislative and executive branches of state government...
to serve two consecutive terms (previously, office holders were limited to one term). - Requiring the state run a balanced budget.
- Requiring judges to be lawyers.
- Adding Victims Rights to the Declaration of Rights.
- Giving the Governor the vetoVetoA veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
power. - Prohibiting a person convicted of a felony from holding the office of county sheriffSheriffA sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
Document Overview
Ratified in 1789, the current North Carolina Constitution contains 14 articles. Each article covers a different topic and the last article covers miscellaneous topics. Each article is divided into sections. This constitution incorporates amendmentConstitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s into the document, unlike the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
which only appends amendments.
Preamble
We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution.Article I – Declaration of Rights
There are 37 sections to this article, each outlining a separate recognized right. Many of these sections broaden the rights covered by the Bill of RightsUnited States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
. The state constitution also secures additional rights, for example the right to a public education and to open courts. Also of note, this section specifically denies the state the ability to secede from the United States and declares that each citizen of this State owes paramount allegiance to the Constitution and government of the United States. Section 37, added in 1995, is the newest addition to this article. This section declares the rights of victims of crime
Victims' Rights Amendment
In the United States, the Victims' Rights Amendment is a provision which has been included in some state constitutions, proposed for others, and additionally has been proposed for inclusion in the United States Constitution. Its provisions vary from state to state but are usually somewhat similar...
.
Article II – Legislative
Article II declares that all legislative powers in North Carolina reside in the General AssemblyNorth Carolina General Assembly
The North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...
. The General Assembly consists of a Senate and a House of Representatives. The chambers have 50 and 120 members, respectively. Guidelines for the formation of voting districts and qualification for office are also covered. Each house has a term of two years.
This article also gives the governor the power to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
legislation in some circumstances. Veto power was denied the governor until 1996 when the constitution was amended. North Carolina was the last state to extend this power to its governor.
Article III – Executive
The governor is vested with all executive authority in Article III. The duties of the governor are defined as is the process of successionOrder of succession
An order of succession is a formula or algorithm that determines who inherits an office upon the death, resignation, or removal of its current occupant.-Monarchies and nobility:...
, should the governor die or become incapacitated. Holders of the governor office are limited to two consecutive terms. The Council of State, a cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
-like body, is filled with eight popularly elected officials, in addition to the governor and lieutenant governor. This article also defines and mandates a balanced budget.
Article IV – Judicial
Article IV defines the make-up the judicial branch of the state and prohibits the legislature from inhibiting its function. Similar to the federal government, the power to impeachImpeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
state officials and judges is given to the state House of Representatives. The Senate can remove a person from office with a 2/3 majority vote after an impeachment. This article also deals with the necessary qualifications of a judge and confers the power of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
with the state’s Supreme Court
North Carolina Supreme Court
The Supreme Court of North Carolina is the state's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices...
.
Article V – Finance
Article V gives the state government the right to tax and puts limits on that right. It authorizes an income tax and also limits the ability to issue public bonds.Article VI – Suffrage and Eligibility to Office
Article VI provides every person who is at least 18 years, an American Citizen, and living within North Carolina the right to vote. This right is denied to felons and people illiterateLiteracy
Literacy has traditionally been described as the ability to read for knowledge, write coherently and think critically about printed material.Literacy represents the lifelong, intellectual process of gaining meaning from print...
in English.
This article also sets the eligibility to hold office. To hold an elected state office a person cannot fall in any of the following categories:
- Younger than 21 years of age
- Denies the existence of God (see Infeasible Provisions)
- A person who is not qualified to vote in an election for that office
- FelonFelonyA felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
(See felony disenfranchisementFelony disenfranchisementFelony disenfranchisement is the term used to describe the practice of prohibiting people from voting based on the fact that they have been convicted of a felony or other criminal offence...
) - Already holds a state or federal office.
Article VII – Local Government
Article VII gives the general assembly the power to define the boundaries of governmental subdivisions (counties, towns, cities). It limits the distance of newly incorporated town or cities from established cities based on the established city's population. The office of sheriffSheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
is provided for each county.
Article VIII – Corporations
Article VIII defines corporations. It also gives the General Assembly the right to create and regulate corporations.Article IX – Education
Article IX makes public education compulsory for all able-bodied children, unless educated by other means. The North Carolina State Board of EducationNorth Carolina State Board of Education
The North Carolina State Board of Education, established by Article 9 of the North Carolina Constitution, supervises and administers the public school systems of North Carolina...
is defined here and given the power to regulate all free public education in the state. This article demands that the General Assembly establish a system of higher education and states that higher education should be free, as far as practicable.
Article X – Homesteads and Exemptions
Article X prevents the forced sale of a person's primary residencePrimary residence
A person's primary residence is the dwelling where they usually live, typically a house or an apartment. A person can only have one primary residence at any given time, though they may share the residence with other people...
to pay for a debt, unless the house was specifically used as collateral for a loan. Females are also able to maintain full ownership of all property they own when they marry, under this article. Also, life insurance policies that are paid to a spouse or child are exempt from claims of debt from the estate of the deceased.
Article XI – Punishments, Corrections, and Charities
Article XI describes the only punishment methods to be used by the state. It specifically only allows the death penalty in cases of murder, arsonArson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
, burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
, and rape. This article gives the responsibility of the public welfare to the General Assembly.
Article XII – Military Forces
This short article states: The Governor shall be Commander in Chief of the military forces of the State and may call out those forces to execute the law, suppress riots and insurrections, and repel invasion.Article XIII – Conventions; Constitutional Amendment and Revision
Article XIII describes the two ways the constitution may be amended: by popular convention or through legislation. The latter is the most common way to amend the constitution. The last time the constitution was amended by convention was 1875. In a legislative action, an amendment must pass by three-fifths in both houses of the General Assembly and also obtain a majority of a popular vote.Article XIV – Miscellaneous
The final article of the constitution covers topics not under other articles. Topics of sections in this article include:- Setting RaleighRaleigh, North CarolinaRaleigh is the capital and the second largest city in the state of North Carolina as well as the seat of Wake County. Raleigh is known as the "City of Oaks" for its many oak trees. According to the U.S. Census Bureau, the city's 2010 population was 403,892, over an area of , making Raleigh...
as the capital. - Makes permanent the current state border.
- Demanding the General Assembly uniformly apply laws to the state.
- Gives any law that was legally enacted before this constitution the ability to remain in effect unless the law conflicts with the constitution.
- Provides the General Assembly the ability to conserve natural resources by the creation of parks and the enactment of laws.
Infeasible Provisions
As per the Federal Supremacy ClauseSupremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
, all Federal law and the Constitution of the United States overrule the North Carolina Constitution. There are several provisions in the current North Carolina Constitution that may conflict with federal law and/or the US Constitution.
At least two provisions, carried over from the 1868 Constitution, are not enforced either because they are known to be void or would almost certainly be struck down in court.
- Article 6, section 8 disqualifies from office any person who shall deny the being of Almighty God. This article was carried over verbatim from the 1868 Constitution. However, in 1961, the federal Supreme Court, in Torcaso v. WatkinsTorcaso v. WatkinsTorcaso v. Watkins, was a United States Supreme Court case in which the court reaffirmed that the United States Constitution prohibits States and the Federal Government from requiring any kind of religious test for public office, in the specific case, as a notary public.-Background:In the early...
threw out a similar provision in the Maryland ConstitutionMaryland ConstitutionThe current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been...
on the grounds that it violated the FirstFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and FourteenthFourteenth Amendment to the United States ConstitutionThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
Amendments to the US Constitution. The First Amendment bars Congress from passing any law "respecting an establishment of religion," and this provision has long been considered binding on the states under the liberty clause of the Fourteenth Amendment. As a result, it has never been enforced. The North Carolina Attorney General opined that the provision likely does not comply with the First AmendmentFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. On December 7, 2009, Cecil BothwellCecil BothwellCecil Bothwell is an American politician, writer and builder. Bothwell was elected to the Asheville, North Carolina city council in 2009....
was sworn in as Asheville City Councilman, and was revealed to be an atheist. Former NAACP president H. K. EdgertonH. K. EdgertonH. K. Edgerton is a black Southern heritage activist and former president of the NAACP's Asheville, North Carolina, branch.Edgerton runs a website, , which provides Southern viewpoints such as that there was and remains a feeling of brotherhood between black Americans, slave and free, historically...
threatened to file a lawsuit against the city.
- Article 6, section 4 requires that a person be literate in the English language before registering to vote. This provision was widely used to effectively disenfranchise African-American voters in the Jim CrowJim Crow lawsThe Jim Crow laws were state and local laws in the United States enacted between 1876 and 1965. They mandated de jure racial segregation in all public facilities, with a supposedly "separate but equal" status for black Americans...
era. As such, it is widely held that this section violates the Voting Rights ActVoting Rights ActThe Voting Rights Act of 1965 is a landmark piece of national legislation in the United States that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S....
. However, several attempts to remove this provision have failed.
In addition, federal and state court decisions have narrowed the scope of at least one section of the constitution. Article 2, sections 3 & 5, sub-section 2 state that counties must not be divided when drawing state legislative districts. This provision is known as the "Whole County Provision." However, in 1981, the federal Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
ruled that this provision was inconsistent with the Voting Rights Act. The state thus ignored the Whole County Provision until 2002. That year, the North Carolina Supreme Court
North Carolina Supreme Court
The Supreme Court of North Carolina is the state's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices...
ruled that the state constitution's equal protection clause presumed single-member districts and was thus a limitation on the Whole County Provision. It can also be argued that the "one person, one vote" rule from Reynolds v. Sims
Reynolds v. Sims
Reynolds v. Sims, 377 U.S. 533 was a United States Supreme Court case that ruled that state legislature districts had to be roughly equal in population.-Facts:...
also limits this provision.
Section 2 of Article 6 ("Death Punishment") limits executions to "...murder, arson, burglary, and rape[.]". Per Kennedy v. Louisiana
Kennedy v. Louisiana
Kennedy v. Louisiana, 554 U.S. 407 was a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishment Clause did not permit a state to punish the crime of rape of a child with the death penalty; more broadly, the power of the state...
the last 3 are inapplicable.
External links
- Full text of the North Carolina State Constitution
- Official history of the North Carolina Constitution
- Book on the Convention of 1835 by Henry G. ConnorHenry G. ConnorHenry Groves Connor was a North Carolina politician and jurist, and a United States federal judge.Born in Wilmington, North Carolina, Connor read law to enter the bar in 1871. Connor was born in Wilmington, North Carolina. He read law . He was in private practice in Wilson, North Carolina from...